S Memo 09-12

Posted on Apr 16, 2009 in Informal Opinions - Sunshine Law

S Memo 09-12
April 16, 2009
Whether the Act 213 Charter Schools Work Group
Is Subject to the Sunshine Law

Two members of the public asked separately whether the Work Group created by Act 213 in the 2007 Hawaii State Legislature, violated the Sunshine Law by not providing public notice of the meetings, taking public testimony, holding meetings open to the public, or providing minutes to the public.

OIP found that the Act 213 Work Group did not “conduct meetings” as defined by the Sunshine Law and, therefore, was not a Sunshine Law board. Specifically, the Act 213 Work Group did not require a quorum to meet because its recommendations to the Legislature were not voted on, but rather were either reached by consensus or submitted by individual members separately.